student choice case analysis 2

Health Care Law and Regulations
APAWord
ATTACHED FILE(S)
Case Analysis Directions
Requirements:
Do NOT provide an in depth coverage or report of the case itself but rather analyze it- the findings, the implications. The ‘bigger picture’ – don’t focus on the person but rather the issue at hand.
I. Policy Background
Identify the public health problem and be sure to be specific about the problem’s scope and magnitude. Use quantitative data and sources to support (statistics and etc would be useful). Be sure to identify who is affected, nature of the problem, key factors, and factors associated with the problem. Define the characteristics (frequency, severity, scope, economic, and budgetary impacts) of the problem or issue. Below are some key questions that should help guide you in providing the necessary information.
Though I provide you with these questions your assignment should NOT be in question and answer format. It should be presented in paragraph format.
What is the problem to be addressed? State the problem meaningfully.
What was the event or series of event that was a catalyst for the case?
Is it a problem or crisis that demands immediate attention?
What interests are at stake for the actor (ie state or federal government) overall?
Use data to support
Focus on the central, critical factors
Identify who is concerned and why?
II. Facts of the Case
Include a summary of the pertinent facts and legal points raised in the case. It will show the nature of the litigation, based on what occurrences, and what happened in the lower court(s).Facts are often conveniently summarized at the beginning of the court’s published opinion. Sometimes, the best statement of the facts are found in a dissenting or concurring opinion. **Be careful though judges are not above being selective about the facts they emphasize. This can become of crucial important when you try to reconcile apparently inconsistent cases, because the way a judge chooses to characterize and ‘edit’ the facts often determines which way he or she will vote, as a result which rule of law will be applied.***
Keys: make sure you describe the nature of the case, a statement of the relevant law, a short summary of the case. Explain who did what to whom and why the case is being presented.
III. Reasoning and opinions
Identify the actions taken by the lower courts (if this case is being heard in the supreme court).If it was heard in the Supreme Court, identify how each justice voted. What was the decision? Was a policy created? A law upheld?
IV. Analysis
Evaluate the significance of the case, its relationship to other cases, its place in history, and what it shows about the Court, the impact it has on government, society, and public health implications. Go into depth here.
This section important- this is where the depth of the paper is. How does the case influence public health? Have any unintended consequences been identified
V. References
All references must be in APA format. There should be at least 3 references. Refrain from using the textbook. Use the textbook to assist you in identifying a case or where to look for information but do not cite the textbook.Quality sources- peer reviewed journal articles and other references. Governmental organizations count as quality references, stay away from blogs, opinion pieces and news articles.Should be written in Times New Roman font 12. Should be written in APA format and should be around 3-4 pages. References shouldn’t be older than 10 years unless discussing a historical component. Should be at least three references
Additional Information:
Topics
If you would like to use a case but are unsure if it fits the topic area, please feel free to send an email to cfreaney@monroecollege.edu with topic idea.
Websites that might help with your research:
(1) AMA- American Medical Association
https://www.ama-assn.org/amaone/ama-litigation-center-supreme-court-cases
(2) SCOTUS Blog- this can’t be used as a source, but it can be used a resource that will help you locate and identify cases.
https://www.scotusblog.com/category/special-features/special-features-archive/health-care/
(3) United States Courts
https://www.uscourts.gov/court-records/find-case-pacer
(4) Department of Justice
https://www.justice.gov/

*
An example is provided of a case just as an example for each topic area. You ae NOT required to use this case. Students are encouraged to find their own cases and explore court cases of interest to them in the designated topic area.
Case Analysis
Topic: Patient Rights and Responsibilities
Students may use any case as long as it is focused on the topic area of patients rights and responsibilities; death with dignity. Examples of this topic area are below but students are NOT required to use these cases, these are provided for students to get an idea of the topic area.
Case Examples:
(1) Rush Prudential H.M.O. v Moran, No. 00-1021
(2) Allen v. Harrison 2016 OK 44, Case Number: 111877https://law.justia.com/cases/oklahoma/supreme-court/2016/111877.html
(3) Ferguson v Charleston
Case Analysis 2
Topic: Reproductive Rights
Case Example: Whole Women’s Health v Cole
Students may use any case that is focused in the topic area of reproductive rights. This includes but is not limited to abortion, access/use/cost of birth control pills, embryos, and etc.If you would like to use a case but are unsure if it fits the topic area, please feel free to send an email to cfreaney@monroecollege.edu with topic idea.
Case Analysis 3 Student Choice
Topic: Students Choice Suggestions
Students may use any court case that is focused in healthcare or public health. This includes but is not limited to mandatory vaccination policies, right of organ donors/transplants, gun control, racism in healthcare, telemedicine, and etc.If you would like to use a case but are unsure if it fits the topic area, please feel free to send an email to cfreaney@monroecollege.edu with topic idea.
Court Case Example:
Joseph Decorso-https://www.justice.gov/opa/page/file/1159196/download
Running head: Informed Consent Policy in Healthcare 1
Informed Consent Policy in Healthcare 5
Informed Consent Policy in Healthcare
Institution:
Student’s name:
Date:
Policy Background
There is a great problem in management of informed consent processes in healthcare. Doctors and healthcare providers are required to seek informed consent from patients when administering care. Health care providers educate patients about their options and the risks and advantages of a surgery or intervention before obtaining their permission to carry out the procedure or intervention. US doctors are legally and ethically obligated to obtain informed consent from their patients in order to ensure that they have a say in how their bodies are treated. Assessment of patient comprehension, recommendation, and documentation are all part of obtaining informed consent. However, it becomes a problem when the patient is undergoing a complex medical procedure that may not be understood well by the patient or when there is urgency in administering care. In healthcare, patients are entitled to decisions made in relation to their care. The issue affects all patients irrespective of age and social class. Informed consent is applied across the entire healthcare system and must be managed efficiently. This makes the matter an important aspect that must be addressed with long term strategies to solve the problem once and for all. This include determining the strategies that have to be applied in creating awareness on informed consent among the healthcare providers in ensuring they all understood how to regulate informed consent as they carry out their role of provision of healthcare services (Castro et al, 2020).
Facts of the case
The medical malpractice lawsuit, Allen v. Harrison, 2016 is based on violation of informed consent in provision of health care services. Whether or not a patient’s informed consent is required before a noninvasive or noninvasive course of treatment is one of the questions raised on certiorari review. Whether or whether a physician should communicate with a patient medically reasonable options that the doctor does not suggest is a central issue in the question posed by the court in the case (Justia, (2016).
When the client swallowed a nail by accident and filed a medical negligence suit, the hospital’s emergency department doctor urged the Allen to “eat fiber and let the nail pass.”. Neither the doctor nor the patient discussed endoscopic or surgical treatment for the swallowed nail. The patient was taken to a different emergency room because of the severity of his vomiting. An inflamed and burst colon necessitated emergency surgery to remove the nail. According to a complaint filed by Allen against Duncan Regional Hospital and one of its physicians, the hospital and physician were accused of medical malpractice and failing to get Allen’s informed consent. It is possible that Allen would have chosen “no therapy or another course of treatment” if Physician had correctly communicated his results. The doctor contended that he had been entitled to judgment on Allen’s claim of explicit consent as a matter of law in a petition for partial summary judgment. An informed consent claim can only be made if the defendant doctor performs an appropriate treatment on the plaintiff, according to the physician.
Reasoning and opinion
The court evaluated the two parties and how the applied the informed consent concept in the cases. When Physician relied on his professional decision-making and did not officially treat and caused Allen’s injuries, informed consent could not be met. According to a physician, the Oklahoma laws did not require a physician to operate under informed consent if it was an emergency as in this case where there were no “options” for surgical intervention outside of the emergency department or their area of practice. There is no model for informed consent in circumstances where an attending physician does not act, according to the judgment.
Analysis
This case played a major role in history and in the progress of the US healthcare system particularly where informed consent is involved. Regardless of the physician’s preference, a physician must reveal all medically feasible alternatives in order to properly fulfill his or her obligation to disclose. In the end, it’s up to the patient, not the doctor, to decide what kind of treatment they receive. However, Allen’s claim of informed consent was incorrectly rejected by the trial court. With this ruling in mind, the case has been remanded for further consideration (Kasperbauer et al, 2021).
It has raised major concerns among healthcare stakeholders on the prevailing conditions that should be met in determining informed consent and whether there is validity based on the prevailing circumstances. The court case led to the creation of awareness of the factors that are used in defining informed consent. There are three main standards used in determining informed consent. ‘(1) Subjective standard: What would this client need to clearly understand to make an educated decision? (2) Objective standard: What would this client need to know and comprehend? (2) Reasonable patient standard: What information would be necessary for the average patient to participate in the decision-making process? If oneis regular doctor, what might onesay about this procedure?’ (Jacquier et al, 2021).
Reference
Castro, C. F. D., Quintana, A. M., Olesiak, L. D. R., & München, M. A. B. (2020). Informed consent form in healthcare.Revista Bioética,28, 522-530.
Jacquier, E., Laurent-Puig, P., Badoual, C., Burgun, A., & Mamzer, M. F. (2021). Facing new challenges to informed consent processes in the context of translational research: the case in CARPEM consortium.BMC Medical Ethics,22(1), 1-13.
Justia (2016). Allen v. Harrison. https://law.justia.com/cases/oklahoma/supreme-court/2016/111877.html
Kasperbauer, T. J., Schmidt, K. K., Thomas, A., Perkins, S. M., & Schwartz, P. H. (2021). Incorporating biobank consent into a healthcare setting: Challenges for patient understanding.AJOB Empirical Bioethics,12(2), 113-122.
Telehealth: A quarter-trillion-dollar post-COVID-19 reality?
https://www.mckinsey.com
› industries › our-insights
Increased Use of Medicare Telehealth During the Pandemic
https://jamanetwork.com
› journals › jama › fullarticle
Telemedicine, the current COVID-19 pandemic and the future
https://www.ncbi.nlm.nih.gov
› articles › PMC7437610

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